Q: What are valid legal reason for motion for protective order from deposition notice in California upon circumstances?

A: It is proper to serve deposition notice with production demands and interrogatories.

Bases for protective orders for depositions can include the witness is not competent to testify, failure to validly serve a deposition subpoena, the witness was already deposed in the case. The particular reasons that a deposition should not proceed must be studied with the facts of the particular case. ▪

A: Under California law, a motion for a protective order from a deposition notice can be filed for several valid reasons under CCP § 2025.420. One common reason is to protect a party from undue burden, expense, or oppression, especially if the deposition notice includes excessively broad or irrelevant requests. You can also file for a protective order if the timing of the deposition is unreasonable or conflicts with other significant obligations.

When deposition notices are served concurrently with production demands and interrogatories, additional grounds for a protective order might include the sheer volume and complexity of the discovery requests, which could create an unreasonable burden. You might argue that the simultaneous demands make it practically impossible to respond adequately within the given timeframe, impacting your ability to prepare a proper defense or response.

Moreover, if the deposition notice or associated demands seek privileged information or trade secrets, you can seek protection to maintain confidentiality and avoid disclosure of sensitive information. The court aims to balance the need for discovery with protecting parties from abusive or excessively burdensome requests.